AAM AADMI PARTY Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner, a National Party, has approached this Court for a Writ of Mandamus directing the respondents to allot a housing unit on temporary basis to the Petitioner from the General Pool Residential Accommodation (GPRA) for office use on payment of license fee as provided to National Parties till an office is constructed by the Petitioner on the land which will be allotted for permanent use in accordance with the Consolidated Instructions for allotment of Government Accommodation from General Pool to National and State level Political Parties.

(2.) Shorn of unnecessary details, the facts, leading to the present Writ Petition are as under:

(3.) Notice in the Writ Petition was issued and replies have been filed. In the reply it has been contended that the Petitioner is in occupation of a housing unit from the year 2015 as a state party, and the Petitioner had been offered allotment of a parcel of land for construction of permanent office which was refused by the Petitioner and since the Petitioner has not constructed an office within three years of the allotment being offered to it, the Petitioner cannot now make a claim of allotment of a residential unit to be used as a temporary office. It is further stated in the reply that land is allotted to the National Parties on the basis of availability of a vacant land in the centrally located area and since the L&DO is not in possession of any land vacant in Central Delhi, the Petitioner has been offered parcels of lands in Saket. The Ministry of Urban Affairs, in its reply, has stated that the Respondent is facing an acute shortage of the GPRA on account of the redevelopment of seven GPRA Colonies which is currently underway and there is a long waiting list of eligible officers who are awaiting the allotment of these accommodations. It is, therefore, stated in the reply that the grant of housing a unit from the general pool to the Petitioner for office use is not feasible. It is further mentioned in the reply that there is no separate and exclusive pool for allotment of housing units from the GPRA to the Political Parties and as such various other eligible categories are entitled to an equal consideration for allotment of residential accommodation from the GPRA.